Injúria racial e racismo : a equiparação e seus reflexos na sociedade.

Abstract

The Federal Constitution from 1988 has it main objective to care and protect the lives of all, without any kind of distinction. For this reason, the study objective of this research work is the analysis of the constitutional aspects for the inclusion and equation of the crime of racial injury to racism. The central problem was to analyze the equation of the crime of racial injury or the crime of racism in the light of Law nº 14.532/2023, and the solutions brought by that Law in the facial of racial and discriminatory problems. Thus, for the elaboration of the study, bibliographical and exploratory research techniques were used, with interpretation of doctrines and legislation, using the deductive method. To this end, conceptual aspects and differences between racism and racial injury, the concepts of race and ethnicity, as well as the complex application of the Law nº 7.716/1989 today, were studied. It was also studied about structural racism in society and the main statistics about the problem of the subject, entering a study about habeas corpus 154.248/DF, wich was the main pioneer to equate the crime of racial injury to the crime of racism. Finally, the implementation of the crime of racial injury in the Law of Crimes of Prejudice was analyzed, equating it to the crime of racism, presenting favorable and unfavorable doctrinal positions. It follows, therefore, the need to insert the crimes mentioned in a single law, in order to protect the individual and collective rights of society, without any look of inferiority and differentiation, making racial injury essential and non-bailable.